Regulation (EU) 2022/2400 of the European Parliament and of the Council of 23 November 2022 amending Annexes IV and V to Regulation (EU) 2019/1021 on persistent organic pollutants (Text with EEA relevance)

Transitional provision

Article 1

Regulation (EU) 2019/1021 is amended as follows: (1) the following article is inserted: ‘Article 21a Transitional provision 1.   A value of 10 μg/kg shall apply to fly ashes from biomass units for heat and power production containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyl (dl-PCBs) as listed in Annex IV until 30 December 2023. The value of 5 μg/kg provided for in Annex IV shall apply to fly ashes from biomass units for heat and power production from 31 December 2023. 2.   A value of 15 μg/kg shall continue to apply for ashes and soot from private households containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) as listed in Annex IV until 31 December 2024. For ashes and soot from private households containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs), the value of 5 μg/kg provided for in Annex IV shall apply from 1 January 2025.’; (2) Annexes IV and V are amended in accordance with the Annex to this Regulation.

Article 2

The Commission shall assess whether it would be appropriate to amend Directive 2008/98/EC or Decision 2000/532/EC, or both, to recognise that waste containing any persistent organic pollutants exceeding the concentration limits specified in Annex IV to Regulation (EU) 2019/1021 is to be classified as hazardous, and, if appropriate, based on that assessment and not later than 36 months after entry into force of this Regulation, shall put forward a legislative proposal to amend Directive 2008/98/EC or a proposal to amend Decision 2000/532/EC, or both, accordingly.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall apply from 10 June 2023.

ANNEXSupplementary provisions

ANNEX Annexes IV and V are amended as follows: (1) Annex IV is amended as follows: (a) the following rows are added to the table: ‘Pentachlorophenol, its salts and esters 87-86-5 and others 201-778-6 and others 100 mg/kg Dicofol 115-32-2 204-082-0 50 mg/kg Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, as set out in Annex I 335-67-1 and others 206-397-9 and others 1 mg/kg (PFOA and its salts), 40 mg/kg (sum of PFOA-related compounds) The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027. Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds 355-46-4 and others 355-46-4 and others 1 mg/kg (PFHxS and its salts), 40 mg/kg (sum of PFHxS-related compounds) The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027.’ (b) the row for the substance Alkanes C 10 -C 13 , chloro (short-chain chlorinated paraffins) (SCCPs) is replaced by the following: ‘Alkanes C 10 -C 13 , chloro (short-chain chlorinated paraffins) (SCCPs) 85535-84-8 287-476-5 1 500 mg/kg The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value no later than 30 December 2027.’ (c) the rows for the substances Tetrabromodiphenyl ether C 12 H 6 Br 4 O, Pentabromodiphenyl ether C 12 H 5 Br 5 O, Hexabromodiphenyl ether C 12 H 4 Br 6 O, Heptabromodiphenyl ether C 12 H 3 Br 7 O and Decabromodiphenyl ether C 12 Br 10 O are replaced by the following: ‘Tetrabromodiphenyl ether C 12 H 6 Br 4 O 40088-47-9 and others 254-787-2 and others Sum of the concentrations of tetrabromodiphenyl ether C 12 H 6 Br 4 O, pentabromodiphenyl ether C 12 H 5 Br 5 O, hexabromodiphenyl ether C 12 H 4 Br 6 O, heptabromodiphenyl ether C 12 H 3 Br 7 O and decabromodiphenyl ether C 12 Br 10 O: (a) until 29 December 2027, 500 mg/kg; (b) from 30 December 2025 until 28 December 2027, 350 mg/kg, or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in the fourth column, point 2, of Annex I for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether; (c) from 30 December 2027, 200 mg/kg or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in the fourth column, point 2, of Annex I for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether.’ Pentabromodiphenyl ether C 12 H 5 Br 5 O 32534-81-9 and others 251-084-2 and others Hexabromodiphenyl ether C 12 H 4 Br 6 O 36483-60-0 and others 253-058-6 and others Heptabromodiphenyl ether C 12 H 3 Br 7 O 68928-80-3 and others 273-031-2 and others Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) C 12 Br 10 O 1163-19-5 and others 214-604-9 and others (d) the row for the substances Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) is replaced by the following: ‘Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs)     5 μg/kg  ( 1 ) The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027. (e) the row for the substance hexabromocyclododecane is replaced by the following: ‘Hexabromocyclododecane  ( 2 ) 25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8 247-148-4 221-695-9 500 mg/kg The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value to not higher than 200 mg/kg no later than 30 December 2027. (2) Part 2 of Annex V is amended as follows: (a) in the second paragraph, the first column of the table, headed ‘Wastes as classified in Decision 2000/532/EC’, is amended as follows: (i) the following text is inserted after ‘10.01 Wastes from power stations and other combustion plants (except 19)’: ‘10 01 03: fly ash from peat and untreated wood’; (ii) the following text is inserted after ‘17 05 03* Soil and stones containing hazardous substances’: ‘17 05 04: soil and stones other than those mentioned in 17 05 03’; (iii) the following text is inserted after ‘19 04 03* Non-vitrified solid phase’: ‘20 MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS 20 01: separately collected fractions (except 15 01) 20 01 41: wastes from chimney sweeping’; (b) in the second paragraph, the second column of the table, headed ‘Maximum concentration limits of substances listed in Annex IV’, is amended as follows: (i) the text ‘Polychlorinated dibenzo-p-dioxins and dibenzofurans: 5 mg/kg;’ is replaced by the following: ‘Polychlorinated dibenzo-p-dioxins and dibenzofurans and dioxin-like polychlorinated biphenyls (dl-PCBs): 5 mg/kg;’; (ii) the text ‘Sum of the concentrations of tetrabromodiphenyl ether C 12 H 6 Br 4 O), pentabromodiphenyl ether (C 12 H 5 Br 5 O), hexabromodiphenyl ether (C 12 H 4 Br 6 O) and heptabromodiphenyl ether (C 12 H 3 Br 7 O): 10 000 mg/kg;’ is replaced by the following: ‘Sum of the concentrations of tetrabromodiphenyl ether (C 12 H 6 Br 4 O), pentabromodiphenyl ether (C 12 H 5 Br 5 O), hexabromodiphenyl ether (C 12 H 4 Br 6 O), heptabromodiphenyl ether (C 12 H 3 Br 7 O) and decabromodiphenyl ether (C 12 Br 10 O): 10 000 mg/kg;’; (iii) the following text is added after ‘Toxaphene: 5 000 mg/kg.’: ‘Pentachlorophenol, its salts and esters: 1 000 mg/kg; Dicofol: 5 000 mg/kg; Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds: 50 mg/kg (PFOA and its salts), 2 000 mg/kg (PFOA-related compounds); Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds: 50 mg/kg (PFHxS and its salts), 2 000 mg/kg (PFHxS-related compounds).’; (c) the third paragraph is replaced by the following: ‘The maximum concentration limit of polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD and PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs) shall be calculated according to the following toxic equivalency factors (TEFs): Toxicity equivalency factors (TEFs) for PCDD, PCDF and dl-PCBs PCDD TEF 2,3,7,8-TeCDD 1 1,2,3,7,8-PeCDD 1 1,2,3,4,7,8-HxCDD 0,1 1,2,3,6,7,8-HxCDD 0,1 1,2,3,7,8,9-HxCDD 0,1 1,2,3,4,6,7,8-HpCDD 0,01 OCDD 0,0003 PCDF TEF 2,3,7,8-TeCDF 0,1 1,2,3,7,8-PeCDF 0,03 2,3,4,7,8-PeCDF 0,3 1,2,3,4,7,8-HxCDF 0,1 1,2,3,6,7,8-HxCDF 0,1 1,2,3,7,8,9-HxCDF 0,1 2,3,4,6,7,8-HxCDF 0,1 1,2,3,4,6,7,8-HpCDF 0,01 1,2,3,4,7,8,9-HpCDF 0,01 OCDF 0,0003 dl-PCBs TEF PCB 77 0,0001 PCB 81 0,0003 PCB 105 0,00003 PCB 114 0,00003 PCB 118 0,00003 PCB 123 0,00003 PCB 126 0,1 PCB 169 0,03 PCB 156 0,00003 PCB 157 0,00003 PCB 167 0,00003 PCB 189 0,00003 ’ ( 1 )   The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third paragraph, in the table, of Annex V.’; ( 2 )    “Hexabromocyclododecane” means hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha-hexabromocyclododecane, beta-hexabromocyclododecane and gamma-hexabromocyclododecane.’;